Equality Act 2006

21 Unlawful act notice E+W+S

(1) The Commission may give a person a notice under this section (an “unlawful act notice”) if—

(a) he is or has been the subject of an investigation under section 20(1)(a), and

(b) the Commission is satisfied that he has committed an unlawful act.

(2) A notice must specify—

(a) the unlawful act, and

(b) the provision of the [F1 Equality Act 2010] by virtue of which the act is unlawful.

(3) A notice must inform the recipient of the effect of—

(a) subsections (5) to (7),

(b) section 20(1)(b), and

(c) section 24(1).

(4) A notice may—

(a) require the person to whom the notice is given to prepare an action plan for the purpose of avoiding repetition or continuation of the unlawful act;

(b) recommend action to be taken by the person for that purpose.

(5) A person who is given a notice may, within the period of six weeks beginning with the day on which the notice is given, appeal to the appropriate court or tribunal on the grounds—

(a) that he has not committed the unlawful act specified in the notice, or

(b) that a requirement for the preparation of an action plan imposed under subsection (4)(a) is unreasonable.

(6) On an appeal under subsection (5) the court or tribunal may—

(a) affirm a notice;

(b) annul a notice;

(c) vary a notice;

(d) affirm a requirement;

(e) annul a requirement;

(f) vary a requirement;

(g) make an order for costs or expenses.

(7) In subsection (5) “the appropriate court or tribunal” means—

(a) an employment tribunal, if a claim in respect of the alleged unlawful act could be made to it, or

(b) [F2 the county court] (in England and Wales) or the sheriff (in Scotland), if a claim in respect of the alleged unlawful act could be made to it or to him.

[F3 (8) Subsection (7) applies as though a claim could be made to an employment tribunal in respect of—

(a) an alleged contravention of section 40A(1) of the Equality Act 2010 (duty to take reasonable steps to prevent harassment of employees), or

(b) an alleged contravention of section 111 or 112 of that Act which relates to a contravention of section 40A(1) of that Act.]

Textual Amendments

F1 Words in s. 21(2)(b) substituted (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 67 (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(vi) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)

F2 Words in s. 21(7)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3 S. 21(8) inserted (26.10.2024) by Worker Protection (Amendment of Equality Act 2010) Act 2023 (c. 51), ss. 4(2), 5(3)

Modifications etc. (not altering text)

C1 S. 21(1)(a) applied (with modifications) (1.10.2007) by The Equality Act 2006 (Dissolution of Commissions and Consequential and Transitional Provisions) Order 2007 (S.I. 2007/2602), art. 5(3)